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FRIENDS OF JIM USRY v. MATTHEWS

187 N.J. Super. 176 (1982)

453 A.2d 1360

FRIENDS OF JIM USRY FOR MAYOR CAMPAIGN AND JIM USRY INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. MATTHEWS FOR MAYOR CAMPAIGN, MICHAEL MATTHEWS, MAYOR OF ATLANTIC CITY, MICHAEL MATTHEWS, INDIVIDUALLY, SUPERINTENDENT OF THE BOARD OF ELECTIONS OF ATLANTIC CITY, BOARD OF ELECTIONS OF ATLANTIC COUNTY AND COUNTY CLERK OF THE COUNTY OF ATLANTIC, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1982.

Attorney(s) appearing for the Case

Rudd & Simms, attorneys for appellants (Jeffrey Simms, on the brief).

Charles M. Tisdale, appellant pro se.

Alten, Valentine, Seltzer & Schultz, attorneys for respondent Matthews (Richard D. Alten, George L. Seltzer and William W. Schultz, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent Board of Elections of Atlantic County (Donna J. Kelly, Deputy Attorney General, on the brief).

Before Judges MATTHEWS, ANTELL and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

This is an interlocutory appeal wherein plaintiffs challenge a ruling by the trial judge during the pendency of an election contest for the office of mayor of Atlantic City.

On July 9, 1982 plaintiff-appellant James Usry filed a petition in the Law Division pursuant to N.J.S.A. 19:29-1 contesting the June 15, 1982 election of Michael Matthews to the office of mayor of Atlantic City. Michael Matthews...

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